DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neumann Contractors Pty Ltd T/A Neumann Contractors
(AG2017/6608)

NEUMANN CONTRACTORS PTY LTD DREDGING COLLECTIVE AGREEMENT 2017

Dredging industry
COMMISSIONER JOHNS	SYDNEY, 16 APRIL 2018

Application for approval of the Neumann Contractors Pty Ltd Dredging Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Neumann Contractors Pty Ltd Dredging Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neumann Contractors Pty Ltd T/A Neumann Contractors. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Neumann Contractors Pty Ltd Dredging Collective Agreement 2017. The applicant, Neumann Contractors Pty Ltd, sought to have the agreement recognised as a registered instrument under the Fair Work Act 2009. The application was opposed by the Maritime Union of Australia, which raised concerns about the terms and conditions outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and registration.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and whether it adhered to the principles of good faith bargaining and procedural fairness. The Commission had to examine the bargaining process, the terms of the agreement, and the rights and obligations of the parties. Specifically, the Commission considered whether the agreement provided for fair and reasonable terms and conditions, and if it was made in accordance with the requirements of the Act. The Commission also needed to assess whether the applicant had engaged in genuine bargaining with the union and whether the union had been given adequate opportunity to participate in the negotiation process.

In its decision, the Fair Work Commission found that the application met the criteria for approval. The Commission determined that the agreement contained fair and reasonable terms and conditions for the employees covered by it. The Commission also found that the applicant had engaged in genuine bargaining with the union and that the union had been given an adequate opportunity to participate in the negotiation process. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and that it adhered to the principles of good faith bargaining and procedural fairness. Consequently, the Commission approved the application and registered the Neumann Contractors Pty Ltd Dredging Collective Agreement 2017 as a registered instrument.

The Fair Work Commission's final orders included the approval and registration of the Neumann Contractors Pty Ltd Dredging Collective Agreement 2017. The Commission also directed that the agreement would be effective from the date of registration and would apply to all employees covered by it. The Commission further directed that the agreement would remain in force until it was terminated or replaced by a new agreement. The Commission's decision provided certainty and clarity for the parties involved, ensuring that the terms and conditions of employment were fair and reasonable and that the agreement was made in accordance with the law.

Neumann Contractors Pty Ltd T/A Neumann Contractors

DECISION

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